Dr. J: The good news about Judge Reinhardt and Prop8

December 6, 2010 at 6:47 pm

Yes, there is some good news about Judge Stephen Reinhardt being one of the 3 judges drawn at random to hear the Prop 8 case in the Ninth Circuit Court of Appeals. Some people are worried about this, since he is notoriously liberal. His wife also has significant connections to the case, which some argue should be grounds for recusal.

I’m not worried however. He can either:

a) Rule against Prop 8, overturning the will of the voters, or

b) Rule in favor of Prop 8, sustaining the voters of California

If he rules against Prop 8, we have the consolation of knowing that he is one of the most frequently overturned justices in any circuit court. The Supremes will have the last word.

If he rules in favor of Prop 8, we have the satisfaction of knowing that even the most liberal judges can’t find a federal right to same sex marriage.